Clement & Hawkes Manufacturing Co. v. Meserole
Massachusetts Supreme Judicial Court
Contract, brought on August 4,1869, for the price of goods sold and delivered by the plaintiffs to the defendant, who sought to recoup in damages for the plaintiffs’ failure to deliver the goods within a time specified in his order for them. At the trial in the superior court, before Rockwell, J., the jury returned a verdict for the plaintiffs; and the defendant alleged exceptions. The ease is stated in the opinion.
1Opinion of the CourtAmes, J.
The correspondence of the parties shows that the defendant was desirous to have the exclusive agency for the sale *363of the plaintiffs’ weeding-hoes in the states west of Michigan and Ohio. In their reply to his proposition, they say that they are willing to arrange with him upon some such plan, and if he would “ make an order of sufficient magnitude to warrant,” they would not “ canvass in the territory mentioned,” but would leave it entirely for him to occupy. He then sends an order for two hundred dozen, of specified sizes and prices, one half to be shipped on or about March 15,1869, and the…
2Cited by6 opinions
- George v. Coolidge Bank and Trust Co.Massachusetts Supreme Judicial Court · 1971
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Tufts v. BennettMassachusetts Supreme Judicial Court · 1895
- Gabriel v. Akinsville Pressed Brick Co.Missouri Court of Appeals · 1894
- Berthold v. St. Louis Electric Construction Co.Supreme Court of Missouri · 1901
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